Highview Condominium II
Board of Directors - Meeting Minutes
March 23, 2010, 7:30 p.m.

The fifth meeting of the 2009-2010 Highview Condominium II, Inc. Board of Directors was called to order at approximately 7:30 p.m. by Stacey Cohen, President.  

Board members in attendance:  Robert Boynton, Joseph Cann, Marjorie Cannon, Stacey Cohen, Nora Colford, Natalie Hendrix, and Joseph Skonieczny.  Angelo Morelli was absent.  Michael D’Angelo was available by phone.  Linda Romolo attended from Wentworth Property Management.  

1)   Minutes:  Minutes of the February 23, 2010 meeting were distributed, but not approved.  

2)   Maintenance update from super:  Chris Brighina joined the meeting to report on building maintenance items and concerns.  

3)   Financial Report:  

      a)   Unit Owner Arrears.  Status of legal actions were discussed.  

      b)   Operating and Capital Reserve Account balances were reviewed.  

      c)   Audit for FY2009:  The FY2009 audit with Wilken & Guttenplan continues.  The auditor has been trying to schedule time at Wentworth to review financial records.  Romolo was requested by D’Angelo to follow-up.  

4)   Legal Report:  

      a)   Rules & Regulations (fines):  At the suggestion of management, the Board approved an increase in second violation of all $100 rules to $250, for repeat violations within a six month.  A first offense will remain $100.  Depending on the type of violation, unit owners are typically warned prior to a first fine.  This decision extends the January decision concerning second offenses for noise violations to all other $100 violations.  

      b)   Rules & Regulations (new rule):  Management has notified unit owners and requested compliance with the new building rule requiring unit owners and tenants to provide proof of liability insurance coverage.  It was noted that the declaration page should offer sufficient proof for management records.  

      c)   Local Law 11 façade inspection (cycle 6):  Romolo still in process of re-submitting the Cycle-6 engineering report for Local Law 11.  

      d)   Unit Leases:  Management has notified several unit owners that since December they have not been not in compliance with Highview’s lease renewal requirements.  

      e)   Management contract renewal:  Contract for Wentworth Property Management being reviewed.  Will require board approval prior to signing by President.  Romolo was to distribute contract following February meeting for review/discussion.  No update at this meeting.  

      f)    Laundry room contract renewal:  Contract for CoinMach being reviewed by management.  There was no further discussion.  Will require board approval prior to signing by President.  Romolo will distribute contract for review/discussion.  Has not been distributed to board.  No update at this meeting.

6)   Building Repair & Maintenance Report:  

      a)   Exhaust fan system:  Ventilation contractor has begun inspecting the non-functioning line.  

      b)   Wall shift/crack:  Romolo will get contractor estimate.  No update at this meeting.  

      c)   Semi-annual smoke detector replacements and unit inspections:  Chris Brighina will begin Spring 2010 unit inspection and smoke detector replacements.  

      d)   Replacement/upgrade of exterior and lobby lighting timers:  Light sensors will replace timers next week.  

      e)   Parking lot: repairs:  From the September board meeting, Linda Romolo was to get bids for parking lot sealing and resurfacing for the board’s information and future consideration.  Romolo provided bid for resurfacing.  No bids were presented for just sealing.  

      f)    Plumbing break in drain pipe:  Plumber has been called to visually inspect the line with camera.  On account of the winter weather, plumber cancelled appointment and is being rescheduled.  Still pending.  

      g)   Garage door operation:  Overhead door does not automatically stop and reverse when encountering an obstruction in its path while closing.  Contractor has confirmed situation and suggested repairs.  No update at this meeting.  

      h)   Entrance area tile cracks:  There was discussion of entrance tile repair options.  Recommendations being discussed with contractors.  

      i)    Lobby ceiling:  Brighina has purchased replacements for the smaller access plates and anticipates installation next week.  Larger/custom ones not available and will require more creative solutions.  

      j)    Carpeting replacement:  Romolo and Cohen investigating replacement of damaged carpeting.  No update at this meeting.  

      k)   Fire Escape repairs:  Romolo reported welding repairs to be made next week.  

      l)    Landscaping:  Cohen will be meeting with new lawn contractor for bush and tree trimming and replacement proposals.  

7)         Appeal by unit owner:  The owner of unit 3-A requested the opportunity to appeal his fines for incidents occurring in January 2010.  Fines involved 2:00 a.m. noise violation complaints made by three owners concerning noise from his third floor unit and a separate series of violation complaints made by four units for his behavior in common areas of the first floor that included loud noise, threats made against the residents of multiple units, and smoking and disposing of cigarettes in the hallway.  It was noted that these recent complaints were preceded a series of similar incidents involving destruction of common property, noise complaints, and police contact.  

            Per Board policy, the unit owner was granted a 15 minute time slot at the board meeting and would be required to state his appeal in writing in advance of the meeting.  Linda Romolo indicated to the board that the unit owner refused to submit his appeal in writing, however the board agreed to hear the appeal.  

            As the appeal began, the unit owner stated that this appeal would address numerous issues and would not be limited to the 15 minute time slot he had been granted.  He indicated that everyone in the building has broken building rules and that his history of offenses was no more serious than the offenses of each and every other resident of the building.  

            The appellant protested the imposition of $250 for a second offence within six months, pointing out that the new Rule (which increases a second offense within six months from $100 to $250) had not been approved until after his most recent offense.  Concerning the $100 fine imposed against him for smoking and disposing of a lit cigarette in common areas on the same evening, the appellant denied having ever smoked a lit cigarette in a common area of the building, noting that he would not jeopardize the safety of his home and the building by violating this rule; adding that no one at any time in his twelve years at Highview had ever seen him smoking in common areas of this building.  He requested the opportunity to directly confront any witness that might claim that he had been smoking in a common area of the building.  

            As a unit owner, the complainant expressed his own concern for other disruptive people being allowed to reside at Highview and a need for the board to be more forceful in seeking not only fines but evictions from the building.  

            After presenting his concerns to the board for approximately an hour, Board president Cohen interrupted the appellant, indicated to the board that the rest of the evening’s regular agenda would have to be rescheduled for another night, and declared the meeting adjourned.  

The meeting was adjourned at approximately 9:30 p.m.